31978R2636
11 . 11 . 78 No L 318 /29 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 2636/78 of 10 November 1978 opening a new invitation to tender for the mobilization of milled long grain rice as food aid for the League of Red Cross Societies
THE COMMISSION OF THE EUROPEAN Whereas the award under the invitation to tender COMMUNITIES, must be made to the tenderer offering the best terms ;
Whereas provision should be made for security to be Having regard to the Treaty establishing the European given for the purpose of guaranteeing that the obliga Economic Community, tions arising by virtue of participation in the invita tion to tender will be fulfilled ; Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organiza Whereas the Italian intervention agency should be tion of the market in rice (j ), as amended by Regula made responsible for the tendering procedure in ques tion (EEC) No 1 260/78 (2), tion ; .
Having regard to Council Regulation (EEC) No Whereas the Commission must be informed quickly 2750/75 of 29 October 1975 laying down the condi of the tenders submitted in response to the invitation tions for the mobilization of cereals as food aid (3), and and of those accepted by the intervention agency ; in particular Article 6 thereof, Whereas the Monetary Committee will be consulted : Whereas on 30 January 1978 the Council of the Euro whereas, in view of the urgency, the measures envis pean Communities declared that it proposed, by way aged should be adopted in accordance with the condi of Community action , to grant the equivalent of 145 tions laid down in Article 3 (2) of Council Regulation tonnes of husked rice (in other words, 100 tonnes of No 129 on the value of the unit of account and the milled long grain rice) to the League of Red Cross exchange rates to be applied for the purposes of the Societies under its 1977/78 food-aid programme ; common agricultural policy (5), as last amended by Regulation (EEC) No 2543/73 (6), and in particular Article 3 thereof ; Whereas pursuant to Article 3 (3) of Council Regula tion (EEC) No 2750/75 the goods may be purchased Whereas the measures provided for in this Regulation anywhere on the Community market ; are in accordance with the opinion of the Manage ment Committee for Cereals, Whereas the invitation to tender opened in the Community under Commission Regulation (EEC) No 1795/78 of 28 July 1978 opening an invitation to tender for the mobilization of milled long grain rice HAS ADOPTED THIS REGULATION : as food aid for the League of Red Cross Societies (4) was not allocated ; whereas a new invitation to tender should therefore be opened ; Article 1 Whereas the proposed invitation to tender should be 1 . Tenders are hereby invited for the supply to the for supply of the products to the dock or in the League of Red Cross Societies, by way of Community lighter where applicable at the port of unloading ; food-aid action, of 100 tonnes of milled long grain rice . Whereas in view of the different monetary circum stances in the Member States, the observation of these 2. The tendering procedure shall take place in Italy conditions is not guaranteed by the application of in one lot. The product shall be mobilized on the exchange rates applicable in the framework of the Community market. The products shall be loaded for common agricultural policy since monetary compensa departure from any Community port. tory amounts do not apply in the rice sector ; whereas it is advisable to take account of the monetary situa 3 . The invitation to tender provided for in para tion as regards different offers ; graph 1 is for supply of products to the dock, or in the lighter where applicable in the port of Banjul. (!) OJ No L 166, 25 . 6. 1976, p. 1 . (2) OJ No L 156, 14. 6. 1978 , p. 11 . (3) OJ No L 281 , 1 . 11 . 1975, p. 89 . (5) OJ No 106, 30. 10. 1962, p. 2553/62. 4 OJ No L 205, 29 . 7. 1978 , p. 40 . (6) OJ No L 263, 19 . 9. 1973, p. 1 .
No L 318 /30 11 . 11 . 78 Official Journal of the European Communities
4. The successful tenderer shall deliver the product intended to guarantee that the operations specified in specified in paragraph 1 in new jute sacks lined with Article 1 are duly completed. The security shall be cotton sacks of a net capacity of 50 kilograms. forfeit if those operations are not carried out within the prescribed time limit, save as regards quantities On the sacks shall be printed a red cross, 15 x 15 not delivered owing to force majeure. cm, as well as the following : 'Milled rice / Gift of the European Economic Commu 2. The security provided for in paragraph 1 may be nity / Action of the League of Red Cross Societies / given in the form of a cash deposit or of a guarantee For free distribution Banjul'. issued by a credit institution conforming to the criteria laid down by the Member State. To allow for the possibility of re-bagging, the successful tenderer shall supply 2 % of new empty sacks, of the same quality as those containing the Article 6 goods but with the printing followed by a capital letter 'R' 1 . The milled long grain rice referred to in Article 1 must meet the following requirements : Article 2 — moisture : 15% , 1 . The decision on tenders received in response to — broken rice : 5 % maximum, the invitation provided for in Article 1 shall be taken — chalky grains : 5 % maximum, on 27 November 1978 . — grains striated with red : 3 % maximum, — spotted grains : 1 -5 % maximum, 2. The closing date for the submission of tenders — stained grains : 1 % maximum, shall be 27 November 1978 at 12 noon . — yellow grains : 0-050 % maximum, — amber grains : 0-20 % maximum. 3 . The notice of invitation to tender shall be published in the Official Journal of the European Rice not meeting these requirements shall be refused. Communities, not less than nine days before the closing date for the submission of tenders. 2. Tenders for supply of the milled long grain rice referred to in Article 1 must relate to a product with Article 3 the following characteristics : 1 . The prices offered must be expressed in the — moisture : 15% , currency of the Member State in which the invitation — broken rice : 5 % maximum, to tender was issued. — chalky grains : 5 % maximum, — grains striated with red : 3 % maximum, 2. The rates used for converting into units of — spotted grains : 1 -5 % maximum, account those offers made in national currencies shall — stained grains : 1 % maximum, be : . — yellow grains : 0-050 % maximum, — the central rate in cases where the relevant — amber grains : 0-20 % maximum . currency is held at any given moment within a band of 2-25 % , Article 7 — in other cases, the average spot exchange rate during the period from Wednesday of one week to Tuesday of the following week and which immedi 1 . The Italian intervention agency shall be respon ately precedes the time limit for the submission of sibly for the operations relating to the invitation to tenders. tender provided for by this Regulation .
2 . It shall forthwith communicate to the Commis Article 4 sion the list of firms which have responded to the invi The contract shall be awarded to the tenderer offering tation to tender, specifying the terms of each tender the best terms . together with the name and business name of the successful tenderer. However, if the tenders submitted do not appear to reflect normal market prices and costs, the interven 3 . Where the customs export formalities for the tion agency may cancel the invitation to tender. mobilized product are completed in a Member State other than that in which the invitation to tender Article 5 is issued, the intervention agency of the latter Member State shall be responsible for the operations following 1 . The successful tenderer shall give security of a tendering, including payment to the successful tenderer. value of 1 0 units of account per tonne ; the security is
11 . 11 . 78 Official Journal of the European Communities No L 318 /31
In such case, the intervention agency choosing the The intervention agency shall transmit the informa successful tenderer shall immediately inform the inter tion provided for to the Commission as soon as it is received . vention agency of the Member State concerned and shall supply it with all the information which it may 5. When the intervention agency responsible for require. the operations relating to tendering is not the interven Furthermore, the amount of the successful tender tion agency which appoints the successful tenderer, it shall be paid after it has been converted using the shall send as soon as possible to the latter the informa average of the spot rates referred to in the second tion necessary for releasing the security. subparagraph of Article 3 (2) to the tenderer in the currency of the Member State in which the operations Article 8 relating to the tendering are completed. As regards this tender the intervention agency is auth 4. The intervention agency shall ask that the orized to make an initial payment of 80 % of the tenderer specifies the following information : value of the quantity given in the bill of lading, on presentation of that document and subject to the (a) after each shipment, a statement giving details of taking of a security for an amount equal to the initial the quantities loaded, the quality of the products payment. and their packaging ; (b) the date of the departure of the ships ; the Article 9 expected date of arrival of the products at their destination ; This Regulation shall enter into force on the day of its (c) all possible contingencies which might occur publication in the Official Journal of the European Communities. during transportation of the products.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 10 November 1978 . For the Commission
Finn GUNDELACH Vice-President